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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 434 15
3/10/2015
A. Patterson

  • Permanent disability (rateable condition)

The worker suffered a crush injury to his right hand in November 1957. The worker appealed a decision of the Appeals Resolution Officer denying a permanent disability award. Board Operational Policy Manual, Document No. 18-07-01, on determining the degree of disability, provides that the Board recognizes a minimum permanent impairment award of 0.4%, and that residual impairment below 0.4% is not regarded as representing an impairment of earning capacity. Although the worker saw medical practitioners fairly frequently, it was not until March 2011 that a clinical note indicated arm symptoms related to the old injury. There was another later report indicating that the worker had not complained of pain in the past but was now noting some arm pain. The Vice-Chair found that, as of March 2011, the worker's permanent disability exceeded 0.4%. The worker was entitled to a pension as of March 2011, with the quantum to be determined by the Board. The appeal was allowed in part.